2013_act_8

Finance Act 2013

2 Articles / Provisions · Ireland

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ISB Act 2013-03-27

Schedule 1 Finance Act 2013 Open official source

SCHEDULE 1 Amendment of Assessing Rules Including Rules for Self- Assessment

SCHEDULE 1

Amendment of Assessing Rules Including Rules for Self- Assessment

Section 92.

PART 1 Amendment of Part 41A of the Taxes Consolidation Act 1997

PART 1

Amendment of Part 41A of the Taxes Consolidation Act 1997

Part 41A of the Taxes Consolidation Act 1997 is amended—

(a) in section 959A by substituting the following for the definition of “amount of tax chargeable on a person”

“ ‘amount of tax chargeable’, in relation to a person and an Act, means the amount of tax chargeable on the person under the Act after taking into account—

(a) each allowance, deduction or relief that is authorised by the Act to be given to the person against income, profits or gains or, as applicable, chargeable gains, and

(b) in the case of an individual to whom Chapter 2A of Part 15 applies, any increase in the taxable income of the individual by virtue of that Chapter;”,

(b) in section 959A by substituting the following for the definition of “amount of tax payable by a person”

“ ‘amount of tax payable’, in relation to a person and an Act, means the amount of tax payable by the person after reducing the amount of tax chargeable on the person under the Act by the amount of any tax credit that is authorised by the Act in relation to that person;”,

(d) in section 959A by substituting the following for the definition of “tax credit”

“ ‘tax credit’, in relation to a person and an Act, means an amount authorised by the Act to be given or set against, or deducted from, the amount of tax chargeable on the person under the Act;”,

(e) in section 959B by inserting the following after subsection (3)

“(4) (a) References in this Part to tax payable, tax which would be payable or tax found to be payable shall be construed in accordance with the definition of ‘amount of tax payable’ in section 959A and any related references shall also be construed accordingly.

(b) Paragraph (a) shall apply regardless of the type of tax to which the reference applies.”,

(f) in section 959C(4)(d) by substituting the following for subparagraph (ii)

“(ii) is overpaid by the person for the period and which, subject to the Acts, is available for offset or repayment by the Revenue Commissioners.”,

(g) in section 959E(4)(d) by substituting the following for subparagraph (ii)

“(ii) is overpaid by the person for the period and which, subject to the Acts, is available for offset or repayment by the Revenue Commissioners,”,

(h) in section 959E(6)(c) by substituting “of each” for “of any”,

(i) in section 959F by substituting the following for subsection (3)

“(3) Where it is proved to the satisfaction of the Revenue Commissioners that any double assessment has been made and that payment has been made on both assessments, they shall, subject to section 865B, offset the amount of the overpayment (in whole or in part as appropriate) against any other liability of that person in accordance with section 960H or, as the case may be but subject to section 865, repay the amount of the overpayment (or the balance of it after any offset) to the person on whom the double assessment has been made.”,

(j) in section 959M(b) by inserting “to that partner” after “had been given”,

(k) in section 959P(1), in the definition of “letter of expression of doubt”, by substituting the following for paragraph (b)

“(b) specifies the doubt, the basis for the doubt and the law giving rise to the doubt,”,

(l) in section 959P(1), in the definition of “letter of expression of doubt”, by substituting the following for paragraph (d)

“(d) lists or identifies the supporting documentation that is being submitted to the appropriate inspector in relation to the matter, and”,

(m) in section 959P(2) by deleting “and” at the end of paragraph (i), by substituting “return, and” for “return.” in paragraph (ii) and by inserting the following after paragraph (ii)

“(iii) submit supporting documentation to the appropriate inspector in relation to the matter.”,

(n) in section 959P by substituting the following for subsection (3)

“(3) This section applies only if—

(a) the return referred to in subsection (2) is delivered to the Collector-General, and

(b) the documentation referred to in paragraph (iii) of that subsection is delivered to the appropriate inspector,

on or before the specified return date for the chargeable period involved.”,

(o) in section 959P by inserting the following after subsection (3)

“(3A) (a) The documentation referred to in subsection (3)(b) shall be delivered by electronic means where the return referred to in subsection (2) is delivered by electronic means.

(b) The electronic means by which the documentation referred to in subsection (3)(b) shall be delivered shall be such electronic means as may be specified by the Revenue Commissioners for that purpose.”,

(p) in section 959P(6) by deleting paragraph (a) and by substituting the following for paragraph (b)

“(b) the officer is of the opinion, having regard to any guidelines published by the Revenue Commissioners on the application of the law in similar circumstances and to any relevant supporting documentation delivered to the appropriate inspector in relation to the matter in accordance with subsections (2) and (3), that the matter is sufficiently free from doubt as not to warrant an expression of doubt, or”,

(q) in section 959R(3)(d) by substituting the following for subparagraph (ii)

“(ii) is overpaid by the person for the period and which, subject to the Acts, is available for offset or repayment by the Revenue Commissioners.”,

(r) in section 959S by inserting the following after subsection (2)

“(3) This section shall not apply to an individual who is, by virtue of section 917EA, a specified person who is required to deliver the return concerned by electronic means.”,

(s) in section 959V(1) by substituting “by that person” for “by him or her”,

(t) in section 959V by substituting the following for subsection (4)

“(4) (a) Notice under this section in relation to the amendment of a return and a self assessment shall be given by electronic means where the return was delivered by electronic means.

(b) The electronic means by which notice under this section shall be given shall be such electronic means as may be specified by the Revenue Commissioners for that purpose.”,

(u) in section 959V by substituting the following for subsection (6)

“(6) (a) Subject to paragraph (b) and subsection (7), notice under this section in relation to a return and a self assessment may only be given within a period of 4 years after the end of the chargeable period to which the return relates.

(b) Where a provision of the Acts provides that a claim for an exemption, allowance, credit, deduction, repayment or any other relief from tax is required to be made within a period shorter than the period of 4 years referred to in paragraph (a), then notice of an amendment under this section shall not be given after the end of that shorter period where the amendment relates to either the making or adjustment of a claim for such exemption, allowance, credit, deduction, repayment or other relief.”,

(v) in section 959Y—

(i) in subsection (1)(a) by substituting “in such amount” for “in such sum”, and

(ii) in subsection (2) by substituting “an assessment on or in relation to” for “any assessment on”,

(w) in section 959AB—

(i) in subsection (1) by deleting “and section 997”, and

(ii) in subsection (2) by inserting “for the year of assessment for which the emoluments are assessable” after “Revenue officer”,

(x) in section 959AF(1)—

(i) in paragraph (a) by substituting “section 959AA, 959AC or 959AD” for “section 959AA”, and

(ii) in paragraph (b) by substituting “section 959AB or 959AD” for “section 959AB or section 997”,

(y) in section 959AN by inserting the following after subsection (2)

“(2A) Reference in subsection (2) to the amount of tax which in the opinion of the chargeable person is likely to become payable shall be construed in accordance with the definition of ‘amount of tax payable’ in section 959A.”,

and

(z) in each provision referred to in column (2) of the Table to this Schedule, the words or reference set out in column (3) of the Table are to be deleted and the words or reference opposite the entry in column (3), as set out in column (4) of the Table, are to be inserted.

TABLE

Item No.

Provision

Words to be deleted

Words to be inserted

(1)

(2)

(3)

(4)

section 959AO(2)(b)

the tax specified

the amount of tax payable that is specified

section 959AQ(2)

the tax specified

the amount of tax payable that is specified

section 959AR(2)(b)

the tax specified

the amount of tax payable that is specified

section 959AR(4)(b)

the amount which

the amount of tax which

section 959AS(3)(b)

the tax specified

the amount of tax payable that is specified

section 959AS(6)(b)

the amount which

the amount of tax which

section 959AS(7)(b)

the amount which

the amount of tax which

section 959AV(2)(a)

the tax which

the amount of tax which

section 959AV(2)(a)

the tax found

the amount of tax found

section 959AV(2)(b)

section 958AR(3) or section 958AS(3)

section 958AR(3) or

section 958AS(3)

section 959AR(3) or section 959AS(3)

PART 2 Other amendments of the Taxes Consolidation Act 1997

PART 2

Other amendments of the Taxes Consolidation Act 1997

The Taxes Consolidation Act 1997 is amended—

(a) in section 95(3) by substituting “4 years” for “10 years”,

(b) in section 110(1), in paragraph (f) of the definition of “qualifying company”, by substituting “section 959A” for “section 950”,

(c) in section 304(5) by substituting “by means of an assessment or, as the case may be, an amendment of an assessment on or in relation to the person for that period” for “by means of an assessment in addition to any other assessment to be made on the person for that period”,

(d) in section 472D(9) by substituting—

(i) “Part 41A or section 1084” for “section 950 or 1084”, and

(ii) “Part 41A” for “Part 41”,

(e) in section 811(5A)(b) by inserting “or 41A” after “Part 41”,

(f) in section 825C(8) by substituting—

(i) “Part 41A or section 1084” for “section 950 or 1084”, and

(ii) “Part 41A” for “Part 41”,

(g) in section 932 by substituting “Except as provided in Part 41A or where otherwise expressly authorised” for “Except where expressly authorised”,

(h) in section 997(1) by inserting “against the amount of tax chargeable in the assessment on the person assessed” after “from the emoluments”,

(i) in section 997(1A) by substituting “Subject to sections 959AB and 959AD” for “Notwithstanding subsection (1)”, and

(j) in section 997A(3) by substituting “shall be given against the amount of tax chargeable in any assessment” for “shall be given in any assessment”.

ISB Act 2013-03-27

Schedule 2 Finance Act 2013 Open official source

SCHEDULE 2 Miscellaneous Technical Amendments in relation to Tax

SCHEDULE 2

Miscellaneous Technical Amendments in relation to Tax

Section 105.

1. The Taxes Consolidation Act 1997 is amended—

(a) in section 110(1), in paragraph (ba) of the definition of “carbon offsets”, by substituting “Reducing” for “Reduced” and “process” for “programme”,

(b) in section 128E(6)(a) by deleting “for” where it first occurs,

(i) in subsection (1)(da)(i) by substituting “section 443(16)” for “section 433(16)”, and

(ii) in subsection (13)(b)(i) by substituting “the currency of the State” for “Irish currency”,

(d) in section 198(1)(c)(iii)(II) by inserting “if” before “the person”,

(e) in section 452A(1), in paragraph (b) of the definition of “interest”, by deleting “, (3)(a)”,

(f) in section 487(1)(a), in the definition of “group base tax”, by substituting “subparagraphs (IV)” for “subparagraph (IV)”,

(g) in section 766A(3A)(a)(i) by substituting “this section” for “section 766A”,

(h) in section 865(1)(b) by substituting the following for clauses (I) and (II) of subparagraph (i)

“(I) all the information which the Revenue Commissioners may reasonably require to enable them determine if and to what extent a repayment of tax is due to the person for that chargeable period is contained in the statement or return, and

(II) the repayment treated as claimed, if due—

(A) would arise out of the assessment to tax, made at the time the statement or return was furnished, on foot of the statement or return, or

(B) would have arisen out of the assessment to tax, that would have been made at the time the statement or return was furnished, on foot of the statement or return if an assessment to tax had been made at that time,”,

(i) in section 917B(5) by substituting “subsection (3)” for “subsection (2)” in each place,

(j) in section 960A by substituting “Chapters 1A, 1B, 1C and 1D” for “Chapters 1B, 1C and 1D”,

(k) in section 1025(4)(d) by substituting “section 465(6)” for “section 465(5)”, and

(l) in paragraph 4(5)(b) of Schedule 24—

(i) in subclause (iv) by inserting “shall be treated for the purposes of that paragraph” after “(within the meaning of that paragraph)”,

(ii) in subclause (v) by inserting “shall be treated for the purposes of that paragraph” after “(within the meaning of that paragraph)”, and

(iii) in subclause (vi) by inserting “shall be treated for the purposes of that paragraph” after “(within the meaning of that paragraph)”.

2. The Stamp Duties Consolidation Act 1999 is amended—

(a) in section 46(5) by substituting “Paragraph (5)” for “Paragraph (15)”,

(b) in section 71—

(i) in paragraph (b)(ii)—

(I) by deleting “and notwithstanding section 30(3)”, and

(II) by deleting “and penalty”,

and

(ii) in paragraph (d) by deleting “and penalty”,

(d) in section 127(2) by substituting “as the case may be, for the duty, including any surcharge incurred under section 14A(3), and interest” for “as the case may be” in the second place where it occurs, and

(e) in section 159B(3) by substituting “section 960H(4)” for “section 1006A(2A)”.

3. The Value-Added Tax Consolidation Act 2010 is amended—

(a) in section 17(1)(c) by substituting the following for subparagraph (i)

“(i) services consisting of the admission to, and the provision of any ancillary services related to, a cultural, artistic, entertainment or similar event, and”,

(b) in section 34(ga) by deleting “admission to”,

“(14)(a)Where an accountable person purchases or acquires motor vehicles, within the meaning of section 60(1), as stock-in-trade and declares any such vehicle for registration to the Revenue Commissioners (in accordance with section 131 of the Finance Act 1992) on that person’s own behalf and where deductibility in accordance with Chapter 1 of Part 8 has been claimed by that person in respect of that motor vehicle, then—

(i) that motor vehicle shall be treated for the purposes of this Act as if it were removed from stock-in-trade,

(ii) such removal is deemed to be a supply of that motor vehicle by that person for the purposes of section 19(1)(f), and

(iii) for the avoidance of doubt, the amount of tax chargeable in respect of that supply is the amount referred to in paragraph (b)(ii)(II) and accordingly is not included in any amount which that person is entitled to deduct in accordance with section 59(2)(k).

(b) At the time when the accountable person, as referred to in paragraph (a), supplies to another person a motor vehicle which is deemed to have been previously supplied in accordance with paragraph (a) or section 12B(11)(a) of the repealed enactment then—

(i) that motor vehicle is deemed to have been reacquired by the said accountable person as a margin scheme good immediately before the supply to the other person, and

(ii) for the purpose of the calculation of the profit margin in relation to that supply, the purchase price of the motor vehicle is deemed to be the sum of—

(I) the amount on which tax was chargeable on the supply of that motor vehicle to the said accountable person,

(II) the tax which was chargeable on the supply referred to at clause (I), and

(III) the vehicle registration tax accounted for by the said accountable person in respect of that motor vehicle.”,

and

(d) in paragraph 6(4) of Part 2 of Schedule 1 by substituting “Annex II of Directive No. 85/611/EEC” for “Annex II of Directive No. 2001/107/EC”.

4. The Finance Act 1992 is amended—

(a) in section 130 by inserting the following definitions

“ ‘Directive 2009/55/EC’ means Council Directive 2009/55/EC 10 10 OJ No. L145, 10.6.2009, p.36 of the European Parliament and of the Council of 25 May 2009 on tax exemptions applicable to the permanent introduction from a Member State of the personal property of individuals;

10 OJ No. L145, 10.6.2009, p.36

‘Directive 83/182/EEC’ means Council Directive 83/182/EEC 11 11OJ No. L105, 23.4.1983, p.59 of the European Parliament and of the Council of 28 March 1983 on tax exemptions within the Community for certain means of transport temporarily imported into one Member State from another;”,

11OJ No. L105, 23.4.1983, p.59

(b) in section 131(1)(i) by substituting “135(1)(a)” for “135(a)” in each place,

(c) in section 134(3) by substituting “Disabled Drivers and Disabled Passengers (Tax Concessions) Regulations 1994 (S.I. No. 353 of 1994)” for “Disabled Drivers (Tax Concessions) Regulations, 1989 (S.I. No. 340 of 1989)”, and

(d) in section 141(3A) by substituting “Council Directive 83/182/EEC of 28 March 1983 12 12OJ No. L105, 23.4.1983, p.59 and Council Directive 2009/55/EC of 25 May 2009 13 13 OJ No. L145, 10.6.2009, p.36 ” for “Council Directive 83/182/EEC of 23 April 1983 14 14 OJ No. L105, 23.4.1983, p.59 and Council Directive 83/183/EEC of 23 April 1983 15 15 OJ No. L105, 23.4.1983, p.64 ”.

12OJ No. L105, 23.4.1983, p.59

13 OJ No. L145, 10.6.2009, p.36

14 OJ No. L105, 23.4.1983, p.59

15 OJ No. L105, 23.4.1983, p.64

5.(a)Subject to subparagraphs (b) and (c), paragraphs 1, 2, 3 and 4 have effect on and from the passing of this Act.

(b) Subparagraph (h) of paragraph 1 has effect on and from 1 January 2013.

(c) Subparagraphs (c) and (d) of paragraph 2 are deemed to have come into force and have taken effect as regards instruments first executed on or after 7 July 2012.

Finance Act 2013

Statutory Text (2 Articles)

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